The purpose of this article is to set forth regulations which protect the public from the potential negative effects of industrial and intense commercial development by regulating smoke and particulate matter, odorous matter, fire or explosive materials, toxic and noxious matter, vibration, open storage, glare and fuel supply in the vicinity of such sites.

(Ord. No. 1130, art. VI, § 1, 11-3-1998)

The performance standards in this article shall apply to all zoning districts in the city.

(Ord. No. 1130, art. VI, § 2, 11-3-1998)

No use or operation in any district shall be located or conducted so as to produce glare, or either direct or indirect illumination across the bounding property line from a source of illumination into a residentially zoned property, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. For the purposes of this section, a nuisance shall be defined as more than two-tenths of one footcandle of light measured at the residential property line.

(Ord. No. 1130, art. VI, § 3, 11-3-1998)

(a)

Measurement. Measurement of noise shall be made at the residential property line with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association.

(b)

Noise levels at residential property lines. Standards for noise levels at residential property lines shall be as follows:

(1)

Nighttime noise level. Noise levels shall not exceed 49 dBA at a residential property line between 7:00 p.m. and 7:00 a.m.

(2)

Daytime noise level. Noise levels shall not exceed 56 dBA at a residential property line.

(3)

Octave band standards. Noise in any octave band shall not exceed standards set out in the following chart:

FIGURE 1 NOISE STANDARDS

At no point along the bounding property line of any lot or parcel in a residential district shall the sound pressure level of any operation or activity exceed the decibel limits specified in the octave band groups designated in the following table:

Noise level adjustments:

Nighttime noise—between 7:00 p.m. and 7:00 a.m.—Subtract 7 dB

Impulsive noise—Subtract 7 dB

(Meter reading changes at a rate greater than 10 dB per second)

(1)

Higher ambient noise levels. Where ambient noise levels from traffic or multiple sources already exceed the standards, the subject source may not increase that existing noise level.

(2)

Public facilities and activities excluded. Public facilities and activities are excluded from this standard. Such activities may include the following:

a.

Any activity the city or its agents conduct in pursuit of its usual activities such as trash removal, police and fire protection.

b.

Any public event which may occur from time to time such as concerts and other events sponsored by a public or nonprofit organization, excluding fraternities and sororities.

(Ord. No. 1130, art. VI, § 4, 11-3-1998)

(a)

Standards. No industrial operation or use shall cause, create, or allow the emission for more than three minutes in any one hour of air contaminants which at the emission point or within the bounds of the property are:

(1)

In violation of the standards specified by the state natural resources conservation commission, or subsequent agency, located under title 30 of the Texas Administrative Code, as amended; or

(2)

Of such capacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in subsection (a)(1) of this section except that, when the presence of steam is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the outside atmosphere, performance shall be considered to comply with this section.

(b)

Combined standards. The emission of particulate matter from all sources in a district subject to this article shall not exceed the level specified by the state natural resources conservation commission, or subsequent agency, located under title 30 of the Texas Administrative Code, as amended.

(c)

Standards measured at property line. Open storage and open processing operations, including on-site transportation movements which are the source of wind or airborne dust or other particulate matter; or which involve dust or other particulate air contaminant generating equipment including but not limited to paint spraying, grain handling, sand or gravel processing or storage or sand blasting shall be conducted such that dust and other particulate matter so generated are not transported across the boundary property line of the tract on which the use is located in concentration exceeding standards set by the state natural resources conservation commission.

(Ord. No. 1130, art. VI, § 5, 11-3-1998)

No industrial operation or other use shall emit toxic or noxious matter in any concentration across the bounding property line of the tract on which operation or use is located.

(Ord. No. 1130, art. VI, § 6, 11-3-1998)

Cross reference— Environment, ch. 34.

No use in districts subject to this article shall at any time create earthborne vibration which, when measured at the boundary property line of the source operation, exceed the limits of the following displacement:

FIGURE 2 VIBRATION STANDARDS

(Ord. No. 1130, art. VI, § 7, 11-3-1998)

(a)

Explosive material. No industrial use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted in districts subject to this article, except that chlorates, perchlorates, phosphorous, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists, or wholesalers may be permitted.

(b)

Flammable material. The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film solvents and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the city, as well as the water pollution control standards and regulations.

(Ord. No. 1130, art. VI, § 8, 11-3-1998)

Cross reference— Environment, ch. 34.